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Patna High CourtCR. MISC./48283/2014bail granted

Pramod Kumar v. The State Of Bihar

2015-01-19Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48055 of 2014 Arising Out of Madanpur P.S. Case No. -136 Year- 2014 Thana -MADANPUR DistrictAURANGABAD ====================================================== Md. Ragib Hussain @ Raghib Hussain, Son of Md. Nasiruddin Ansari, Resident of Village-Islampur, P.S.-Mandanpur, District-Aurangabad (Bihar) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48283 of 2014 Arising Out of PS.Case No. -136 Year- 2014 Thana -MADANPUR District- AURANGABAD ====================================================== Pramod Kumar, S/o Satyendra Mahto, Resident of Village Bangare, P.S. Madanpur, District Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48389 of 2014 Arising Out of PS.Case No. -136 Year- 2014 Thana -MADANPUR District- AURANGABAD ======================================================

1. Binod Rikhia San, S/o Jitu Rikhia San, Resident of Village Chali Dohar, P.S. Madanpur, District Aurangabad (Bihar).

2. Lal Babu Paswan, S/o Ram Prasad Paswan, R/o Village Aajan, P.S. Madanpur, District Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.48055 of 2014) For the Petitioner/s : Mr. Santosh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Madan Kumar, (APP) (In Cr.Misc. No.48283 of 2014) For the Petitioner/s : Ms. Leelawati Kumari, Adv. For the Opposite Party/s : Mr. B.M.P.Sinha (APP) (In Cr.Misc. No.48389 of 2014) For the Petitioner/s : Mr. Anil Kr Singh No. 6, Adv.

Patna High Court Cr.Misc. No.48055 of 2014 (3) dt.19-01-2015 2/3 For the Opposite Party/s : Mr. Arun Kr. Pandey (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 19-01-2015 These applications have been placed to be heard on priority basis on account of the submission of the Petitioner of Cr. Misc. 48055 of 2014 that he has to appear in an examination shortly and, therefore, require to be released on bail. Heard learned Counsel for the petitioners and the State.

The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 337, 353, 307, 124(A) of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act.

Considering the nature of allegation as also the fact that apart from two other connected cases, the Petitioners have fair antecedents, let the petitioners above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Madanpur P.S. Case No. 136 of 2014 subject to the conditions, (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the

Patna High Court Cr.Misc. No.48055 of 2014 (3) dt.19-01-2015 3/3 petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Anjana Prakash, J) S.Ali/- U T